Assigned to HHS                                                                                                               AS PASSED BY COW

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1512

 

vulnerable persons; inspections; neglect

(NOW: vulnerable persons; incident notification; inspections)

Purpose

            Updates communication and inspection procedures and requirements for adult and child developmental homes prescribed for the Department of Economic Security (DES). Appropriates $1,000,000 from the state General Fund in FY 2022 to DES for distribution to the Area Agencies on Aging (AAA) for ombudsman services.

Background

            In Arizona, the Office of the state Long-Term Care Ombudsman (Ombudsman), established pursuant to the Older Americans Act of 1965, is directed by DES (A.R.S. § 46-452.01). According to DES, the Long-Term Care Ombudsman Program (LTCOP) originated from federal and state efforts to respond to concerns that individuals living in long-term care facilities may be subject to abuse, neglect and substandard care. The primary purpose of the LTCOP is to identify, investigate and resolve complaints made by or on behalf of residents of nursing homes, assisted living facilities and adult foster homes. In addition to identifying, investigating and resolving complaints, the LTCOP: 1) educates residents, families, facility staff and the community about long-term care issues and services; 2) promotes and advocates for residents' rights; 3) assists residents in obtaining needed services; and 4) works with and supports family and resident councils (DES).

            Statute authorizes the Ombudsman to : 1) enter long-term care facilities to communicate with residents; 2) hear, investigate and attempt to resolve complaints by agreement, mediation or conciliation; 3) render advice to residents of facilities; 4) refer cases involving abuse, neglect, exploitation or health and safety to Adult Protective Services or the appropriate licensing agency; and 5) make appropriate referrals to legal services and other community services. A representative of the Ombudsman is not liable under state law for the good faith performance of official duties (A.R.S. § 46-452.02).

            The Division of Developmental Disabilities (DDD) of the DES provides services to individuals diagnosed with developmental and intellectual disabilities including cerebral palsy, autism and epilepsy. Services provided by DDD include: 1) attendant care; 2) habilitation; 3) home health aide; 4) home nursing; 5) occupational, physical and speech therapies; 6) respite care; and 7) medical services. DDD coordinates and contracts with service providers for the delivery of the aforementioned services for persons with developmental disabilities as outlined in a client's individual program plan.

S.B. 1512 appropriates $1,000,000 from the state General Fund in FY 2022 to DES for distribution to the AAA for ombudsman services.

Provisions

1.   Directs DDD service providers to develop and implement policies and procedures regarding the communication to responsible persons of a serious incident that affects a client who lives in a community residential setting within 24 hours of the incident's occurrence.

2.   Requires DES to annually visit and inspect the premises of each adult and child developmental home used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards.

3.   Authorizes DES to take necessary actions to carry out prescribed duties, including the denial, suspension or revocation of a developmental home's license.

4.   Directs DES to notify the parent or guardian of a developmental home resident of any serious incident or complaint at the developmental home involving the resident.

5.   Asserts that the denial, suspension or revocation of a developmental home license due to the failure to obtain a fingerprint clearance card is not an appealable agency action.

6.   Appropriates $1,000,000 from the state General Fund in FY 2022 to DES for distribution to the AAA for ombudsman services and exempts the appropriation from lapsing.

7.   Asserts the intention of the Legislature that the appropriation to DES for ombudsman services be considered ongoing funding in subsequent fiscal years.

8.   Requires the Ombudsman to visit each long-term care facility in Arizona, subject to available monies, without prior notice at least biannually to speak with facility residents, or a resident's representative if the resident is nonverbal, without the presence of the facility's staff.

9.   Specifies that the prescribed biannual Ombudsman visits are in addition to any follow-up visit in response to a complaint.

10.  Makes technical and conforming changes.

11.  Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

1.   Removes proposed language requiring DES to visit each adult and child developmental home biannually and prescribing communication and assessment requirements for residents of developmental homes and long-term facilities.

2.   Removes proposed language modifying the definitions of abusive treatment and neglect.

3.   Directs developmental disability service providers to develop and implement procedures regarding communication to responsible individuals of a serious incident that affects a resident in a community residential setting within 24 hours of the incident.

4.   Requires DES to annually visit and inspect the premises of each adult and child developmental home used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards.

5.   Authorizes DES to take necessary actions to carry out prescribed duties, including the denial, suspension or revocation of a developmental home's license.

6.   Directs DES to notify the parent or guardian of a developmental home resident of any serious incident or complaint at the developmental home involving the resident.

7.   Asserts that the denial, suspension or revocation of a developmental home license due to the failure to obtain a fingerprint clearance card is not an appealable agency action.

8.   Requires the Ombudsman, subject to the availability of monies, to visit each long-term care facility biannually to speak with residents.

9.   Appropriates $1,000,000 from the state General Fund in FY 2022 to DES for distribution to the AAA for ombudsman services.

10.  Makes technical and conforming changes.

Senate Action

HHS                2/18/21      DP     5-3-0

Prepared by Senate Research

March 8, 2021

CRS/AP/kja